California AG Targets PFAS in Food Packaging: Legal Implications and Industry Response

On October 17, California Attorney General (AG) Rob Bonta drew significant attention to an ongoing issue within the food packaging industry. Issuing an enforcement advisory letter, he reminded manufacturers, distributors, and sellers of food packaging about an established provision in California law. This regulation restricts the presence of PFAS (per- and polyfluoroalkyl substances) in certain food packaging types. There’s much discussion on the matter as AG Bonta reportedly sent this letter to as many as 140 food packaging manufactures.

Per- and polyfluoroalkyl substances (PFAS), often referred to as “forever chemicals,” are a group of man-made chemicals that have been in use since the 1940s, and are not easily broken down in the environment, or in the human body for that matter. Owing to their resistance to heat, water, and oil, PFAS have been widely used for a range of products, including food packaging. However, due to growing concerns over the potential health effects of PFAS, many jurisdictions, including California, are imposing stricter regulations on their usage.

The warning seemed clear in the advisory from AG Bonta. He stressed the importance of these regulations in guaranteeing consumer safety, while also signalling potential legal action against companies that fail to comply. This is certainly a development worth keeping in mind for corporations in the food packaging industry, along with the legal professionals who advocate for them.

As we collectively strive for a safer, more sustainable future, those working in areas of environmental law may find AG Bonta’s enforcement advisory letter a key point of discussion. It is a clear demonstration of the increasing legal pressure and public scrutiny on organizations to maintain the highest standards of safety. It is an important reminder that legal compliance is not just about maintaining corporate integrity, it’s an essential part of fulfilling ethical obligations to consumers and the planet.